court w/o a lawyer

[mary7187]

What is the name of your state? Texas

My baby is 3 months old.
the father is filed for primary and has a good lawyer.
I don't have the $ to hire a lawyer.. Does the family courts
ever appoint lawyers?? Are is that just in criminal cases?

thanks

 

[jslopez711]

What is the name of your state? Texas

My baby is 3 months old.
the father is filed for primary and has a good lawyer.
I don't have the $ to hire a lawyer.. Does the family courts
ever appoint lawyers?? Are is that just in criminal cases?

thanks

Family courts do not apoint lawyers, there are some attorneys that take payment plans, seek them. And don't worry too much, if your ducks are in a row, the worst that can happen is you appear, the judge asks you a few questions, the father gets visitation and YOU get a Check from him every two weeks (twice a month perhaps) to support the baby. Additionally, if he has not given you any money in the past 3 months, guess what, he's responsible for that amount.

Go see the clerk at the court where you are to appear, tell her/him your issue and she/he will guide you.

 

[Inquiry123]

Check's in the mail

Family courts do not apoint lawyers, there are some attorneys that take payment plans, seek them. And don't worry too much, if your ducks are in a row, the worst that can happen is you appear, the judge asks you a few questions, the father gets visitation and YOU get a Check from him every two weeks (twice a month perhaps) to support the baby. Additionally, if he has not given you any money in the past 3 months, guess what, he's responsible for that amount.

Go see the clerk at the court where you are to appear, tell her/him your issue and she/he will guide you.

By "ducks in a row", do you mean...

Mom has no criminal history
Mom has no history of drug / alcohol abuse
Mom has a better support network to care for the child
Dad's att'y can't make Mom appear unfit

...and I wouldn't recommend relying on the clerk...in the big city, they don't do much 'guiding' -- that's what atty's are for.

Get an attorney. Borrow the money. Good luck.

 

[jslopez711]

By "ducks in a row", do you mean...

Mom has a better support network to care for the child

Not relevant

Dad's att'y can't make Mom appear unfit

Extremely difficult to do............

...and I wouldn't recommend relying on the clerk...

What part of "I have no $$" did you not understand?

Get an attorney. Borrow the money. Good luck.

If you can swing it, I agree with this statement but if you can't, then you can't. The judge will know, believe me.

 

[Inquiry123]

Att'y not required...

"The judge will know. Believe me." Oh, that's how it works. Got it.

Not relevant? Extremely difficult to do? OK, thanks for setting her mind at ease.

Judge J, I'm sure you'll dismiss the '94 felony drug conviction as "old news"...but so far, that's the only news you know. Wait, you did know that, right? There's more. Believe me.

OP: Get an att'y. Find the money. Beg, borrow. You're gonna need help. Good night...Good luck.

 

[jslopez711]

"The judge will know. Believe me." Oh, that's how it works. Got it.

I stand by this.

Not relevant? Extremely difficult to do? OK, thanks for setting her mind at ease.

Do you honestly believe the judge is going to split hairs with this?

Judge J, I'm sure you'll dismiss the '94 felony drug conviction as "old news"...but so far, that's the only news you know. Wait, you did know that, right? There's more. Believe me.

Indeed, I failed to do the research on OP. I even asked her about the lost 3 years.

OP: Get an att'y. Find the money. Beg, borrow. You're gonna need help. Good night...Good luck.

OP, can you answer the questions possed to you in the previous post. Thanks.

 

[casa]

What is the name of your state? Texas

My baby is 3 months old.
the father is filed for primary and has a good lawyer.
I don't have the $ to hire a lawyer.. Does the family courts
ever appoint lawyers?? Are is that just in criminal cases?

thanks

Having an attorney when the other parent does, is always wise...but I myself have had to represent myself in court before. It's not easy, but it can be done.

An 11 year old drug conviction (assuming you are a capable and productive person NOW, and are willing to drug test if the court asks you to) will not be the determining factor. *IMO* I've been in TX courts and in CA courts where the Xs drug convictions were not the determining factor if they happened more than 5 or more years ago. (Apparently this is also the case with DV from what I've seen in other cases).

A 3 month old baby is very young to switch over to the care of someone who hasn't been around day in and day out.

Gather documentation (Drs reports that the child is healthy and up to date on the few immuizations done by this point), any care providers, Family, Co-workers, Boss' etc. whom will write declarations on your behalf re; what type of person and parent you are. If you have proof of rehab or ongoing meetings re; the drug charge those would be helpful as well.

I personally would copy and submit the e-mails/letters to you from the Dad demonstrating he did not want the child. Make sure you find out proper proof of service and make sure the father's attorney is served correctly, that the court has a copy and that you have a copy as well before filing.

The father will have to prove you unfit to take custody- Not just be the parent with more $.

Contact Legal Aid, Pro-Bono attorneys, even any paralegals who can help prepare/file documents for small fee.